Estate Planning for Montgomery County, Texas Property Owners

For most Montgomery County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

For a Montgomery County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the Statutory Probate Court No. 1. The two tools that keep a Montgomery County home out of probate are a transfer-on-death deed recorded with the County Clerk, and a revocable living trust that holds title to the property.

Skipping this planning step means the Statutory Probate Court No. 1 decides who receives the property: a simple Texas probate takes 4+ months and opens with $445 in court filing fees. Texas also lets owners name a transfer-on-death beneficiary on vehicle titles, which keeps cars out of the same process.

Record a Transfer-on-Death Deed in Montgomery County

A transfer on death deed names a beneficiary who receives Montgomery County property automatically at the owner's death, without probate. It is recorded with the County Clerk during the owner's lifetime and can be revoked at any time.

Before recording, a Texas transfer on death deed is signed with notary acknowledgmentTex. Estates Code 114.001 to 114.106Verified Aug 24, 2026View source. The deed takes effect only if it is recorded before the owner's deathTex. Estates Code 114.001 to 114.106Verified Aug 24, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for Montgomery County are recorded with the County Clerk in Conroe, TX 77301.

The County Clerk charges $25 for the first page plus $4 for each additional page. A 2-page transfer on death deed costs $29 to record in Montgomery County. A transfer on death deed is exempt from transfer tax.

Recording Office Record

County Clerk

Montgomery County

Recording fees

Base fee (first page)$25
Each additional page$4
Transfer tax on a TOD deedExempt

Tex. Loc. Gov't Code § 118.011(a)(2), § 118.0216, § 118.025

Verified July 14, 2026 · Source

Estate Planning Attorneys Serving Montgomery County

FirmHouston, TX

Davis & Willms, PLLC

Serves 3 counties

Serves Harris County and the surrounding Houston area from Timmons Lane near the Galleria. Represents executors and trustees through probating the will, administering the assets, filing a federal estate tax return where required, and distributing to individuals or trusts, and represents beneficiaries protecting their interests. Both partners are board certified in Estate Planning and Probate Law.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 5 more

Office
3555 Timmons Lane, Suite 1250Houston, TX 77027

FirmThe Woodlands, TX

Dickey Law Group, PLLC

Serves 2 counties

Serves Montgomery County and north Harris County from The Woodlands, filing in the Montgomery County courts in Conroe. Attorneys James and Mireya Dickey, both members of the State Bar Real Estate, Probate & Trust Law Section, handle probate administration, guardianship, and business succession alongside wills and trusts, with full counsel available in Spanish. Free initial consultation.

PracticesEstate PlanningEstate AdministrationProbateGuardianshipand 5 more

Office
2001 Timberloch Place, Suite 500The Woodlands, TX 77380
Free consultation

FirmConroe, TX

Dossey & Jones, PLLC

Since 1972 · Serves 3 counties

Conroe firm just north of The Woodlands, serving Montgomery, Harris, and Walker counties since 1972. Partners Jim Dossey and Paige Jones are both board certified in estate planning and probate law by the Texas Board of Legal Specialization, and Dossey is also a CPA board certified in tax law. Handles probate administration, heirship, small estate affidavits, and guardianship.

PracticesEstate PlanningProbateTax PlanningGuardianshipand 3 more

Office
600 River Pointe Dr., Suite 200Conroe, TX 77304
Free consultation

Solo PracticeHouston, TX

Elliott Estate Law, PLLC

Serves 4 counties

Houston practice handling probate and estate administration in the Harris County probate courts, plus Fort Bend, Montgomery, and Galveston counties. John T. Elliott, board certified in estate planning and probate law since 2011, probates wills, opens independent and dependent administrations, determines heirship, and handles probate dispute litigation and guardianship administration.

PracticesEstate PlanningEstate AdministrationProbateProbate LitigationGuardianship

Office
952 Echo Lane, Suite 330Houston, TX 77024

FirmHouston, TX

Hensley & Krueger, PLLC

Serves 5 counties

Houston firm on Kirby Drive representing executors, heirs, and beneficiaries through probate and trust administration, heirship determinations, intestacy, and creditor claims against estates, serving Harris County and surrounding counties. The attorneys carry over half a century of combined experience and take qualifying contested will cases with no upfront fees.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more

Office
5615 Kirby Drive, Suite 720Houston, TX 77005
Free consultation

FirmThe Woodlands, TX

Hopkins Centrich Attorneys at Law

Serves 4 counties

Serves Montgomery, Harris, Fort Bend, and Galveston counties from The Woodlands. Handles Texas probate end to end: getting an executor or administrator appointed, preparing the inventory and appraisement, running the creditor-notice period, retitling property into the estate, and closing with the required accountings. Steven J. Clausen is board certified in Estate Planning and Probate Law.

PracticesEstate PlanningEstate AdministrationTrust AdministrationProbateand 6 more

Office
8701 New Trails, Suite 200The Woodlands, TX 77381
See all 17 firms serving Montgomery County→

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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